A Bradenton Beach political activist has filed a Florida Commission on Ethics complaint against Mayor Jack Clarke.
John Metz, a retired attorney and campaign supporter of former Mayor Bill Shearon, alleges Clarke on two occasions — first as vice mayor and later as mayor — violated the state’s voting conflict law when he failed to recuse himself from votes that “benefited his special personal financial interest.”
Florida Statutes prohibit a public officer from voting on any matter that the officer knows would amount to his or her private gain.
Metz signed the complaint July 21. It states Clarke voted April 23 for the city commission to hire a private attorney at city expense to defend Clarke — not the city — against a potential lawsuit.
Before the vote, Commissioner Janie Robertson said Clarke should recuse himself because of “personal financial gain,” Metz wrote. Clarke did not recuse himself and the vote was 3-2 in favor of hiring Sarasota attorney Andrea Flynn Mogensen.
Efforts to reach Clarke by phone were unsuccessful.
On May 5, Metz tried in 12th Judicial Circuit Court to have Clarke’s name removed from the ballot for the May 19 recall election, saying Clarke failed to comply with the state’s “resign to run” law.
But Judge Gilbert Smith Jr. denied Metz’s application for a temporary injunction and declined to rule on the merits of the suit.
Clarke won the recall election against Shearon by 13 votes and was sworn into office June 1.
Meanwhile, Mogensen sent the city a bill for $11,049.34, which commissioners considered June 4. Metz spoke during public comment against the city paying the bill.
Clarke chose not to recuse himself and voted for the city to pay the bill, which it did June 10.
Metz alleges Clarke violated Florida Statutes, the code of ethics of public officers and employees, which states, “No county, municipal, or other local public officer shall vote in his or her official capacity upon any measure which would inure to his or her special private gain or loss.”
Metz asserts that had Clarke recused himself from the first vote, he would have observed his ethical obligations. Additionally, a subsequent 2-2 commission vote without his participation would have resulted in a deadlock, the city not hiring Mogensen and, Metz said, taxpayers not paying for Clarke’s legal defense.
In summary, Metz wrote that he “respectfully requests that this commission enforce the ethical obligations of the voting conflicts law here in Bradenton Beach.”
Metz lists as witnesses four members of the commission — Clarke, Janie Robertson, Ed Straight and Jan Vosburgh — plus himself, Shearon, city clerk Terri Sanclemente, his wife Lee Anne Metz and the media that covered the meetings.